Grumpy Old Man
Striker
Would fraudulent preference not only happen if we then went into administration though? Surely if it's just carrying on he'd be OK taking his loans back so long as we don't default on anyone else?
No, in any insolvency the administrator or liquidator will investigate the directors' behaviour prior to the event, and prepare a report which can recommend whether the directors should be disqualified from office or if there has been criminal conduct. As an aside, the FD would certainly be the subject of disciplinary action by the ICAEW.